TITLE V: PRESCRIPTION CHAPTER 1: GENERAL PROVISIONS 1106.

By prescription, one acquires ownership and other real rights through the lapse of time in the manner and under the conditions laid down by law. In the same way, rights and actions are lost by prescription. Prescriptionmeans of acquiring ownership and other real rights or losing rights or actions to enforce such rights through lapse of time o Prescriptionacquisition of a right by lapse of time o Limitationtime within which an action must be brought after the right of action has accrued Kinds of Prescription: 1. Acquisitiveacquisition of ownership and other real rights through possession of a thing in the manner and under the conditions provided by law o Adverse possessionin opposition to the true title or real owner, commenced without right but ripened into title by lapse of time o May be ordinary or extraordinary o just title required here is not titulo verdadero y valido (title which by itself is sufficient to transfer ownership without the necessity of letting the prescriptive period elapse) but only titulo colorado (title where although there was a mode of transferring ownership, still something is wrong because the grantor is not the owner) o Elements of Acquisitive prescription as mode of acquisition: a. Capacity of the claimant to acquire by prescription b. A thing capable of acquisition by prescription c. Possession of the thing under certain conditions d. Lapse of time provided by law 2. Extinctiveloss or extinguishment of property rights or actions through the possession by another of a thing for the period provided by law or through failure to bring the necessary action to enforce ones right within the period fixed by law; limitation of actions

Acquisitive Extinctive Requires possession by a Inaction of the owner out of claimant who is not the owner possession or neglect of one with a right to bring his action Applicable to ownership and Applicable to all kinds of other real rights rights, whether real or personal Vests ownership or other real Produces the extinction of rights in the occupant right or bars a right of action Results in the acquisition of Results in the loss of a real or ownership or other real rights personal rights, or bars the in a person as well as the loss cause of action to enforce said of said ownership or real rights right in another Can be proved under the Should be affirmatively pleaded general issue without its being and proved to bar the action or affirmatively pleaded claim of the adverse party Essence of statute of limitations o Whether the party had a right to the possession or not, if he entered under claim of such right and remained in possession for the requisite period, the right of the party who had the better title is barred by that adverse possession Rationale of prescription o Purely of statutory originwhich is founded on grounds of public policy which requires for the peace of society, that juridical relations susceptible of doubt and which may give rise to disputes, be fixed and established after the lapse of a determinate time so that ownership and other rights may be certain for those who have claim in them o Statute of reposeit protects the diligent and vigilant, not the person who sleeps on his rights but it is indeed the better rule that courts, under the principle of equity, will not be guided or bound strictly by the nature of limitations or the doctrine of laches when to do so, manifest wrong and injustice will result Doctrine of laches o Lachesnegligence or omission to assert a right within a reasonable time, warranting a presumption that the party entitled to assert it either has abandoned it or declined to assert it
Property Page 1 of 11

Roan Salanga 2A

o A recourse in equityapplies only in the absence of a statutory prescriptive period o An equitable doctrineapplication is controlled by equitable considerations When doctrine of laches do not apply: a. Is not to be applied mechanically as between near relatives b. Delay in the assertion of right is not unreasonable Prescription Concerned with the fact of delay A question or matter of time Laches Concerned with the effect of delay A question of inequity (founded on some subsequent change in the condition or relation of the parties) of permitting a claim to be enforced Statutory right Not a statutory right Applies at law Applies at equity Cannot be availed of unless it is Need not be specifically pleaded especially pleaded as an affirmative allegation Based on a fixed time Not based on a fixed time Extinctive Prescription as a matter of defense o Burden of proof upon the party laying claim to it and it must be proved or established with the same degree of certainty as any essential allegation in the civil action o Effect of the failure to plead prescriptionconstitutes waiver of defense and cannot be raised for the first time at the trial or on appeal o Requires a full blown trial on the merits and cannot be determined in a mere motion to dismiss, except: When plaintiffs complaint on its face or the evidence he presented shows clearly that indeed the action has prescribed at the time it was filed If , before trial, a party has no means of knowing that opponents claim has already lapsed, prescription as defense may be pleaded later as soon as the true nature of the claim is discovered o Renunciation through actsmay be tacitly renounced through acts which imply the abandonment of the right acquired
Property

1107. Persons who are capable of acquiring property or rights by the other legal modes may acquire the same by means of prescription. Minors and other incapacitated persons may acquire property or rights by prescription, either personally or through their parents, guardians or legal representatives. An alien cannot acquire, save only in cases of hereditary (intestate) succession, any kind of land in the Philippines Requirement of title: a. Ordinary acquisitive prescriptionadverse claimant must prove just title b. Extraordinary prescriptionthere is no need of title, it is sufficient to prove uninterrupted adverse possession for the period fixed by law 1108. Prescription, both acquisitive and extinctive, runs against: 1. Minors and other incapacitated persons who have parents, guardians or other legal representatives 2. Absentees who have administrators, either appointed by them before their disappearance, or appointed by the courts 3. Persons living abroad, who have managers or administrators 4. Juridical persons, except the State and its subdivisions Persons who are disqualified from administering their property have a right to claim damages from their legal representatives whose negligence has been the cause of prescription. with respect to first 3 (persons incapacitated to administer their property)given the right to claim damages from their legal representatives whose negligence or fraud has been the cause of prescription o Under Act. 190, persons who are under disability at the time of the cause of action accrues may still bring the proper action even beyond the prescriptive period within 3 years after their disability has been removed in civil actions involving title to land and 2 years in all other civil actions with respect to juridical personsonly with regard to their patrimonial property
Page 2 of 11

Roan Salanga 2A

o The rule that prescription does not run against the State does not apply to corporations created by the State for special purposes because they are deemed in the same category as ordinary persons 1109. Prescription does not run between husband and wife, even though there be a separation of property agreed upon in the marriage settlements or by judicial decree. Neither does prescription run between parents and children, during the minority or insanity of the latter, and between guardian and ward during the continuance of the guardianship. There is no prescription between a. Husband and wife b. Parents and children c. Guardian and ward d. Co-owners or co-heirs as long as the co-ownership is recognized e. Minors and incapacitated persons who have no guardians or legal representatives f. Absentees and persons living abroad without administrators or legal representatives g. State and its subdivisions Prescription cannot be invoked in an action for reconveyance when the plaintiff is in possession of the property to be reconveyed 1110. Prescription, acquisitive and extinctive, runs in favor of, or against a married woman. 1111. Prescription obtained by a co-proprietor or a co-owner shall benefit the others. In a co-ownership, possession of one is deemed the possession of the other co-owners, hence, gains and losses are common to all the coowners Essential that the possession of the co-owner involves the community property

1112. Persons with capacity to alienate property may renounce prescription already obtained, but not the right to prescribe in the future. Prescription is deemed to have been tacitly renounced when the renunciation results from acts which imply the abandonment of the right acquired. Requisites of Renunciation of prescription already obtained: a. Person renouncing must have capacity to alienate property b. Renunciation must refer to prescription already obtained c. Must be made by the owner of the right d. Must not prejudice the rights of creditors Renunciation of a right implies knowledge of the existence of the right 1113. All things which are within the commerce of men are susceptible of prescription, unless otherwise provided. Property of the State or any of its subdivisions not patrimonial in character shall not be the object of prescription. Things susceptible of prescription: a. All things within the commerce of men unless otherwise provided by law; examples of exceptions: 1. Lands registered under the Torrens System 2. Properties of spouses, parents and children, guardians and wards, as between themselves 3. Movables possessed through a crime 4. Res nullius (property without an owner) is acquired by occupation and not by prescription b. Patrimonial property of the State c. Things and rights which are susceptible of being appropriated o Right of reversion or reconveyance to the State is not barred by prescription o This remedy of reversion can only be availed of in cases of fraudulent or unlawful inclusion of the land in patents or certificates of title

Roan Salanga 2A

Property

Page 3 of 11

1114. Creditors and all other persons interested in making the prescription effective may avail themselves thereof notwithstanding the express or tacit renunciation by the debtor or proprietor. Rule is based on the principle that rights may be waived, unless the waiver is prejudicial to a third person with a right recognized by law 1115. The provisions of the present Title are understood to be without prejudice to what in this Code or in special laws is established with respect to specific cases of prescription. 1116. Prescription already running before the effectivity of this Code shall be governed by laws previously in force; but if since the time this Code took effect the entire period herein required for prescription should elapse, the present Code shall be applicable, even though by the former laws a longer period might be required. Civil Code took effect on August 30, 1950 If period for prescription started running and elapsed before the effectivity of the new Civil Codeold law governs If period started running before such effectivity and continued running after the new Civil Code took effectold law shall continue to govern, except a. New Civil Code requires shorter period b. This period has already elapsed since then, in which case, provisions of new Civil Code shall be deemed to have a retroactive effect Chapter 2: PRESCRIPTION OF OWNERSHIP AND OTHER REAL RIGHTS 1117. Acquisitive prescription of dominion and other real rights may be ordinary or extraordinary. Ordinary acquisitive prescription requires possession of things in good faith and with just title for the time fixed by law. Kinds of acquisitive prescription: a. Ordinaryrequires possession of things in good faith and with a just title for the time fixed by law o 10 years for immovable
Roan Salanga 2A Property

o 4 years for movable b. Extraordinaryrequires neither good faith nor just title but possession for a longer period o 30 years for immovable o 8 years for movable Requisites for Ordinary prescription: a. Capacity of the possessor to acquire by prescription b. Susceptibility of object to prescription c. Adverse possession of the character prescribed by law d. Lapse of time required by law e. Good faith of the possessor f. Proof of just title Requisites for Extraordinary prescription: a. Capacity of the possessor to acquire by prescription b. Susceptibility of object to prescription c. Adverse possession of the character prescribed by law d. Lapse of time required by law 1118. Possession has to be in the concept of an owner, public, peaceful and uninterrupted. 1119. Acts of possessory character executed in virtue of license or by mere tolerance of the owner shall not be available for the purposes of possession. To produce effect, possession has to be: a. In the concept of an ownerit must be under a claim of title or en concepto de dueno, it must be adverse b. Publicadverse possession must be public or open so that the knowledge on the part of the possessor is presumed c. Peacefulthis requirement does not deny the possessor the right to use reasonable force to repel an invasion or usurpation of the property against an aggressor d. Uninterrupted or continuous Burden of proof is on the claimant to prove by clear and convincing evidence that his possession was of the nature and duration required by law

Page 4 of 11

1120. Possession is interrupted for the purposes of prescription, naturally or civilly. 1121. Possession is naturally interrupted when through any cause it should cease for more than one year. The old possession is not revived if a new possession should be exercised by the same adverse claimant. 1122. If the natural interruption is for only one year or less, the time elapsed shall be counted in favor of the prescription. 1123. Civil interruption is produced by judicial summons to the possessor. 1124. Judicial summons shall be deemed to not have been issued and shall not give rise to interruption: 1. If it should be void for lack of legal solemnities 2. If the plaintiff should desist from the complaint or should allow the proceedings to lapse 3. If the possessor should be absolved from the complaint In all these cases, the period of the interruption shall be counted for the prescription. Interruption of possession: 1. Natural interruptionoccurs when through any cause, possession should cease for more than 1 year a. If same adverse claimant resume possession after said interruptionold possession is not added to the new possession for purposes of prescription b. When possession is suspended (not interrupted), such as possession in wartime when civil courts are not openold possession is tacked to the new one c. Possession de facto is lost of new possession of another has lasted longer than 1 year, but real right of possession is not lost till after the lapse of 10 years d. Interruption is for only 1 year or lesstime elapsed is counted in favor of prescription
Roan Salanga 2A Property

2. Civil interruptionproduced when judicial summons is served upon the possessor together with a copy of the complaint contesting the possession 1125. Any express or tacit recognition which the possessor may make of the owners right also interrupts possession. Continued recognition of the existence of trust precludes the defense of laches or prescription For a recognition to produce interruption, it is essential that: a. It is made by the possessor himself or if made by a third person, recognition must be authorized or ratified by the possessor b. Must be valid and efficacious in law o If it is obtained through violence, intimidation, fraud or any other cause which vitiates consent, it will not interrupt possession c. Must have been made before prescription has already been obtained for otherwise, it will not be a case of recognition but of renunciation 1126. Against a title recorded in the Registry of Property, ordinary prescription of ownership or real rights shall not take place to the prejudice of a third person, except in virtue of another title also recorded; and the time shall begin to run from the recording of the latter. As to lands registered under the Land Registration Act, the provisions of that special law shall govern. As to registered landstitle to lands registered under the Torrens System cannot be acquired by prescription or adverse possession as against the registered owner or his hereditary successor o Nevertheless, a registered owner may be barred from recovering possession of property on ground of laches As to other landsthird person referred to is not the property owner at the commencement of the prescriptive period where title is recorded in the Registry of Property, but the transferee of such owner

Page 5 of 11

1127. The good faith of the possessor consists in the reasonable belief that the person from whom he received the thing was the owner thereof, and could transmit his ownership. Requisites of good faith of the possessor: a. He believed that the person from whom he received the thing was the owner thereof b. He believed that said person could transmit his ownership c. His possessors belief has a reasonable basis Good faith must exist from the time of acquisition and continue throughout the required prescriptive period 1128. The conditions of good faith required for possession in articles 526, 527, 528 and 529 of this Code are likewise necessary for the determination of good faith in the prescription of ownership and other real rights. Art. 526 considers a possessor in good faith as one who is not aware that there exists any flaw in his title or mode of acquisition Art. 527 presumes good faith of the possessor Art. 528 prescribes that possession acquired in good faith shall not lose that character unless the possessor becomes aware of some flaw in his title Art. 529 presumes that possession in good faith continues in that character unless contrary is proved 1129. For the purposes of prescription, there is just title when the adverse claimant came into possession of the property through one of the modes recognized by law for the acquisition of ownership or other real rights, but the grantor was not the owner or could not transmit any right. 1130. The title for prescription must be true and valid. 1131. For the purposes of prescription, just title must be proved; it is never presumed. Requisites of title for ordinary prescription: a. Justtitulo colorado
Roan Salanga 2A Property

b. Trueit is not true if it does not exist or is false c. Validsufficient to transmit the transferors right if he were the owner or authorized by the owner to transmit the same o Voidable title is valid until annulled by a proper action in court o Titulo Coloradoone which a person has when he buys a thing in good faith from one whom he believes to be the owner o Titulo putativeone which is supposed to have preceded the acquisition of a thing, although in fact it did not, as might happen when on is in possession of a thing in the belief that it had been bequeathed to him d. Proveda possessor in the concept of owner has in his favor the legal presumption that he possesses with a just title and he cannot be obliged to prove it o For purposes of acquisitive prescription, just title is not presumed but must be proved by positive evidence 1132. The ownership of movables prescribes through uninterrupted possession for four years in good faith. The ownership of personal property also prescribes through uninterrupted possession for eight years, without need of any other condition. With regard to the right of the owner to recover personal property lost or of which he has been illegally deprived, as well as with respect to movables acquired in a public sale, fair, or market, or from a merchants store, the provisions of articles 559 and 1505 of this Code shall be observed. First paragraph refers to ordinary prescription Second paragraph refers to extraordinary prescription 1133. Movables possessed through a crime can never be acquired through prescription by the offender. An action to recover from the offender is imprescriptible 1134. Ownership and other real rights over immovable property are acquired by ordinary prescription through possession of ten years. Title to land registered under the Torrens system are imprescriptible
Page 6 of 11

1135. In case of adverse claimant possesses by mistake an area greater, or less, than that expressed in his title, prescription shall be based on the possession. Possession prevails over title o This rule is based on constructive possession Possession must be by mistake o If not, ordinary prescription will be limited to the area actually possessed, and as to excess area, ownership can be acquired by extraordinary prescription 1136. Possession in wartime, when the civil courts are not open, shall not be counted in favor of the adverse claimant. Prescription here is not interrupted but suspended 1137. Ownership and other real rights over immovables also prescribe through uninterrupted adverse possession thereof for thirty years, without need of title or of good faith. Neither good faith nor just title is necessary o Hence, even when the title of the possessor is void, he may acquire ownership by extraordinary prescription Prescriptive period required for acquisition of alienable public land under the Public Land Act is also 30 years o Land is converted to private property by mere lapse or completion of said period Where acquisition of right is absolutely prohibited on grounds of public policy, ownership cannot be acquired through adverse possession for any length of time Prescription where possession in good faith later converted into possession in bad faithperiod of possession in good faith should be computed twice (movable) or thrice (immovable) when tacked to the period of possession in bad faith o e.g. after 6 years of possession in good faith of a real property, the possession is converted into bad faith, the 6 years would be equivalent to 18 years possession in bad faith. Hence, the possessor will need 12 more years of possession for extraordinary prescription
Roan Salanga 2A Property

1138. In the computation of time necessary for prescription, the following rules shall be observed: 1. The present possessor may complete the period necessary for prescription by tacking his possession to that of his grantor or predecessor in interest 2. It is presumed that the present possessor who was also the possessor at a previous time, has continued to be in possession during the intervening time, unless there is proof to the contrary 3. The first day shall be excluded and the last day included Present possessor may tack his period of possession with that of his grantor or predecessor in interest o There must be privity of contract or relationship between the previous and present posessors Chapter 3: PRESCRIPTION OF ACTIONS 1139. Actions prescribe by the mere lapse of time fixed by law. Prescription of actions = limitation of actions o Actions to enforce or preserve a right or claim must be brought within a certain period of time Actions prescribe by mere lapse of time fixed by law When the government is the real party in interest and is proceeding mainly to assert its own rights and recover its own property, there can be no defense on the ground of laches or limitation o Prescription of action does not run against the government Requisites for cause or right of action exists: a. A right in favor of the plaintiff by whatever means and under whatever law it arises or is created must be present b. An obligation on the part of the defendant to respect such right c. An act or omission on the part of such defendant violative of the right of the plaintiff It is the legal possibility of bringing the action that determines the starting point for the computation of the period of prescription, that is, only upon the happening of the third requisite when it can be said that a cause of action has arisen
Page 7 of 11

1140. Actions to recover movables shall prescribe eight years from the time the possession thereof is lost, unless the possessor has acquired the ownership by prescription for a less period, according to article 1132, and without prejudice to the provisions of articles 559, 1505, and 1133. This refers to extraordinary prescription for movables period of which to bring an action to recover is fixed at 8 years o However, action shall not prosper if it is brought after 4 years when the possessor has already acquired title by ordinary acquisitive prescription If possessor acquired the movable in good faith at a public sale, owner cannot obtain its return without reimbursing the price paid therefore In certain cases, owner is precluded from recovery without right to reimbursement although the action has not yet prescribed Movables possessed through a crime cannot be acquired through prescription by offender 1141. Real actions over immovables prescribed after thirty years. This provision is without prejudice to what is established for the acquisition of ownership and other real rights by prescription. Action for recovery of title to, or possession of, real property or an interest therein can only be brought within 10 years after cause of action accrues This article refers to extraordinary prescription for immovables If action is based on fraud, action prescribes in 4 years from the discovery of fraud and such discovery is deemed to have taken place upon the issuance of the certificate of title over the property If based on implied or constructive trust, in 10 years from the alleged fraudulent registration or date of issuance of certificate of title over the property 1142. A mortgage action prescribes after ten years.

1143. The following rights, among others specified elsewhere in this Code, are not extinguished by prescription: 1. To demand a right of way, regulated in article 649 2. To bring an action to abate a public or private nuisance Rights not extinguished by prescription: a. To demand partition of a co-ownership as long as the coownership is expressly or impliedly recognized b. To enforce an express trust c. To demand easement of light and view d. To declare the inexistence of a contract or the nullity of a void judgment or of a void title e. To compel a trustee to reconvey property registered in his name for the benefit of the cestui que trust f. To compel reconveyance of land registered in bad faith provided it has not yet passed to an innocent purchaser for value g. To quiet title brought by a person in possession of the property h. To recover real property or its value where the property was taken by the government for public use without first acquiring title thereto i. To seek issuance of a writ of possession j. To probate a will k. To recover by the State non registrable land 1144. The following actions must be brought within ten years from the time the right of action accrues: 1. Upon a written contract 2. Upon an obligation created by law 3. Upon a judgment The computation of the period should start from the date the cause of action accrues or from the day the right of the plaintiff is violated o The 10-year period in the case of a written contract is to be reckoned from that time which is not necessarily the date of execution of the contract Written contracts: o Action for annulment under Art. 1391 shall be brough within 4 years

Roan Salanga 2A

Property

Page 8 of 11

o A P.N or a check or a ticket issued for transportation is a written contract o Right to claim payment of deficiency after foreclosure of real estate mortgage prescribes in 10 years Obligations created by law: o Obligation of the possessor to reconvey to the true owner real property arising from a constructive or implied trust o Obligation of the winner in a gambling game to refund the amount won to the loser o Obligation of the lessor to indemnify the lessee in good faith for useful improvements on the property leased o Obligation of husband and wife, parents and children, and brothers and sisters to support each other Judgmentjudgment that is final and executory o Under Rules of Court, judgment may be executed on motion within 5 years from the date of its entry or from the date it becomes final and executory. After the lapse of such time, and before it is barred by the statute of limitations, it may be enforced by ordinary action within 10 years 1145. The following actions must be commenced within six years: 1. Upon an oral contract 2. Upon a quasi-contract Action upon an oral contract of tenancy to compel the reinstatement of a tenant comes under the provision Recover local license fees illegally collected upon a quasi-contract 1146. The following actions must be instituted within four years: 1. Upon an injury to the rights of the plaintiff 2. Upon a quasi-delict Purpose of an action or suit and the law to govern it, including the period of prescription, are to be determined by the complaint itself, its allegations and prayer for relief Examples of injury to the rights of the plaintiff: o A suit questioning the removal as corporate secretary must be brought within 4 years for the unjustified separation from
Roan Salanga 2A Property

employment or illegal dismissal is an injury to the rights of the plaintiff o Action for recovery of damages for taking or retaining personal property, or incident to trespass upon real estate prescribes within 4 years Examples of quasi-delicts: o Prescriptive period is counted from the day quasi-delict occurred or was committed o Action against the Central Bank for tortuous inference, that is, in closing and liquidating a bank Other actions that prescribe in 4 years: a. To revoke or reduce a donation based on the birth, appearance, or adoption of a child b. To revoke a donation based on non-compliance with a condition c. To rescind a contract d. To annul a contract 1147. The following actions must be filed within one year: 1. For forcible entry and detainer 2. For defamation Other actions that prescribe in 1 year: a. To recover possession de facto b. To revoke a donation on the ground of ingratitude c. To rescind or recover damages if immovable is sold with nonapparent burden or servitude d. To enforce warranty of solvency in assignment of credits Actions that prescribe in 6 months: a. To rescind the sale or reduce the price of real estate 1. sold at a certain price for a unit area, if the vendor is unable to deliver all that is stated in the contract 2. if made for a lump sum, of the vendor is unable to deliver all that which is included within the boundaries mentioned in the contract b. To enforce warranty against hidden defects of, or encumbrances upon the thing sold Action that prescribe in 40 days:

Page 9 of 11

o Redhibitory action, based on the faults or defects of animals sold, must be brought within 40 days from the date of their delivery to the vendee 1148. The limitations of action mentioned in articles 1140 to 1142, and 1144 to 1147 are without prejudice to those specified on other parts of this Code, in the Code of Commerce, and in special laws. The provisions of Title V on Prescription have suppletory application to specific cases of prescription found elsewhere in the Civil Code and in special laws 1149. All other actions whose periods are not fixed in this Code or in other laws must be brought within five years from the time the right of action accrues. The right of action or cause of action accrues from the moment of commission or omission of an act by a party in violation of his duty to, or of the right, of another Essential elements are: a. Right in favor of a person (obligee) b. A correlative obligation on the part of another (obligor) c. Am act or omission in violation of said right 1150. The time for prescription for all kinds of actions, when there is no special provision which ordains otherwise, shall be counted from the day they may be brought. Prescriptive period for actions based on quasi-delict shall begin to run from the day the action may be brought, that is, from the day the quasi-delict was committed Unless otherwise provided, the statutory limitation for period for filing a criminal action begins to run on the commission of the offense Where offended party expressly reserves his right to institute a separate civil action, the running of the period of prescription starts to run from the date reservation is made up to the time the civil action is actually filed in court Statute of limitations begins to run as to each unpaid installment from the date the creditor could sue the debtor thereof
Roan Salanga 2A Property

Prescriptive period to set aside or reform a simulate or fictitious written deed of pacto de retro sale where the alleged vendees make known their intention by overt acts not to abide by the true agreement, starts from the date they make known such intention

1151. The time for prescription of actions which have for their object the enforcement of obligations to pay principal with interest or annuity runs from the last payment of the annuity or of the interest. This refers to obligations where payment of which is due at stipulated intervals Hence, if the debt is not yet due, payment of interest or annuity will not start the running of the period 1152. The period for prescription of actions to demand the fulfillment of obligations declared by a judgment commences from the time the judgment became final. 1153. The period for prescription of actions to demand accounting runs from the day the persons who should render the same cease in their functions. The period for the action arising from the result of the accounting runs from the date when said result was recognized by agreement of the interested parties. There is no difference between actions for accounting and reliquidation since both involve the determination, adjustment and settlement of what is due to the parties under the law 1154. The period during which the obligee was prevented by the fortuitous event from enforcing his right is not reckoned against him. General Rule: existence of a fortuitous event relieves the obligor from liability that might otherwise arise in the breach of an obligation or excuse an obligee from his failure to exercise a right that might otherwise constitute a waiver of said right A court order deferring action on the execution of a judgment suspended the running of the 5-year period for execution of a judgment
Page 10 of 11

Prescriptive period to institute foreclosure proceeding by a mortgagee-bank was held legally interrupted when the bank was placed under receivership by the Central Bank with express prohibition from transacting business

1155. The prescription of actions is interrupted when they are filed before the court, when there is a written extrajudicial demand by the creditors, and when there is any written acknowledgement of the debt by the debtor. This means that the period of prescription begins to run anew, and whatever time of limitation might have already elapsed is thereby negated and rendered inefficacious Filing of an action in court: o Civil actions are deemed commenced from the date of the filing and docketing of the complaint with the Clerk of Court o Interruption lasts during the pendency of the action o If the plaintiff desists from prosecuting the action to its final conclusion, the action is deemed abandoned and as if it has never been instituted Written extrajudicial demand by the creditor when it does not interrupt prescription: o Petition to open an administration proceeding over the estate of a deceased debtor, even if brought by the creditor o Written extrajudicial demand addressed to a co-debtor will not interrupt the prescription as to other debtors who did not receive the demand o In the absence of an existing obligation, the party demanding annulment cannot be considered a creditor, and Art. 1155 is not applicable Written acknowledgement of the debt by the debtor: o Written offer of payment works as a renewal of the obligation

Roan Salanga 2A

Property

Page 11 of 11